Effective Date: 14 October, 2014
The Provider – an entity providing access to this website, accessible under the URL: www.filestube.to or www.filestube.com (as applicable), that is Red Sky Sp. z o. o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Aleja Piastów 22, Szczecin 71-064, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin – the Commercial Court, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 6422683651 and REGON (national business registry number): 276822679, amount of the share capital of PLN 1,046,000.00 covered in whole.
Affiliate – the User who meets requirements (as specified below) allowing him/her to join and participate in the Program.
Contact Form – an electronic document found in the website dedicated for making contact with the Provider.
Program – a pay per click affiliate program developed by the Provider enabling Users to earn money.
Register Form – an electronic document found in the website dedicated for registering a User’s account in the website.
- The website is accessible to anyone with Internet access residing in one of the following countries: United Arab Emirates, Austria, Australia, Belgium, Brazil, Canada, Switzerland, Colombia, Germany, Denmark, Spain, Finland, France, Great Britain, Hong Kong, Indonesia, Ireland, India, Italy, Japan, Korea-South, Sri Lanka, Mexico, Malaysia, Netherlands, Norway, Philippines, Pakistan, Poland, Portugal, Russia, Sweden, Singapore, Thailand, Turkey, Ukraine, U.K., USA, Vietnam, South Africa (hereinafter together as the “Territory”).
- The website offers a video-on-demand-service, through which Users can watch films and series. The User can watch films and series on the website via his/her computer through existing broadband internet connection – streaming (i.e. a contemporaneous digital transmission of films and/or series by the Provider via the Internet to a User in such a manner that films and/or series are intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the User). Watching films and series is partially free of charge; partially it is only possible against payment of the respective remuneration.
- The Provider reserves the right to change the website functionalities at any time, in particular by introducing new functions and facilities for Users.
Conditions for Using the Website and Rules of Liability
- Technical requirements concerning the use of the website are as follows:
- Internet connection with a data transfer rate of at least 256 kBit/s;
- valid and active email account, provided a User decided to create an account.
- It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the website.
- A User who decided to create an account can hold only one account. The account cannot be transferred to third party or used by such a third party.
- A User may not allow anyone else to use his/her login details or give them to any third party. If so, the User accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Provider harmless from any damage or harm that may occur.
- link to the website from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
- frame the website, display the website in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
- violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
- transmit files that contain viruses, spyware, adware or other harmful code;
- advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
- download or try to download any film and/or series available through the website;
- access or try to access any film and/or series outside the Territory
- embed or try to embed the website’s video player in any other website;
- interfere with others using the website or otherwise disrupt the website;
- transmit, collect or access Users’ personal data without the consent of those Users and the Provider;
- engage in unauthorized spidering, scraping or harvesting content, contact or other personal data or use any other unauthorized automated means to compile information;
- defeat any access controls, access any portion of the website that the Provider has not authorized User to access (including password-protected areas), link to password-protected areas, attempt to access or use another User’s account or information or allow anyone else to use User's account or access credentials.
- If User uses a Contact Form, and/or Register Form s/he is obliged to give real information, true to facts of the case.
- The Provider undertakes to ensure possibly the highest quality and stability of the website, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
- Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the website, caused by the implementation of new solutions and facilities within the framework of the website. As much as possible, the Provider will be notifying Users of any scheduled breaks in the website operation and accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the website, which may temporarily cause difficulties or make it impossible for Users to use selected services or the entire website. In such a case the Provider shall not bear any liability vis-à-vis Users.
- In special cases affecting the security or stability of the website, the Provider reserves the right to temporarily reduce or suspend the access to the website without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the website. In such a case the Provider shall not bear any liability vis-à-vis Users.
- A User shall, at his/her own cost and upon a request by the Provider, join any court proceedings, instituted against the Provider, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard a User infringing business secrets, copyright, trademarks or other intellectual property rights of a third party.
- A User must be 18 years of age or older to join the Program and provide his/her full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account ("Affiliate account").
- Each Affiliate can have only one Affiliate account.
- An Affiliate can manage its widget(s) referring to this website through the Affiliate account.
- Affiliates will be paid for clicks on the URL link(s) and/or widget(s), referring to a film and/or series within this website, which is viewed by a visitor for at least 5 seconds and referrals have cookies, JavaScrpit and Adobe Flash installed and enabled.
- The only legitimate way to open the URL link(s) and/or widget(s) referring to this website is with a mouse click. The Provider reserves the right to not pay for clicks generated by Affiliates, on their own links.
- The Provider may without prior notice, terminate an agreement, suspend or permanently remove the access to the Program of the Affiliate, if any meaningful spam complaints naming the Provider or the website result from Affiliate's activities. The Provider does not condone spamming and any complaints received due to misuse of this Program may result in the forfeit of any money accrued by an Affiliate.
- Payments from the Provider are made through PayPal and Payoneer roughly once per month. A billing cycle starts on the 1st each month and ends on the last day of the calendar month. Payments are made on the tenth (10) day of the following month. In case the payment day shall be on statutory holiday in Poland, the payment shall be made on the next business day. An Affiliate must have a valid PayPal or Payoneer account to receive referral fees, as the Provider does not offer payment via cheque/check, credit card, cash or other method. The minimum amount available for a withdrawal is USD 5 for PayPal and USD 20 for Payoneer. In other words, an Affiliate must have enough clicks to earn at least USD 5 (PayPal payment) before a payment will be made. If the minimum amount available for a withdrawal is not met in time for the payment cycle, the payment will not be made until the next monthly billing cycle in which the USD 5 (PayPal payment) minimum has been reached. If the minimum amount available for a withdrawal is not met for the period of the first 12 months from the day of registering the Affiliate account, a Provider will charge monthly administration fee for cash deposit in the amount of USD 1. The aforementioned administration fee will be charged until balance of the Affiliate account reaches USD 0.
- The referral fee structure is subject to change at the Provider's discretion.
- The Provider will only pay referral fees for clicks that are automatically tracked and reported by Provider’s billing system. For Provider’s billing system to track the referral, the visitor must have cookies enabled. The Provider will not pay referral fees if the click was not tracked by its system.
- The Provider reserves the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Affiliates may not use the Program for any illegal or unauthorised purposes. An Affiliate must not, in the use of the Program, violate any laws in his/her jurisdiction (including but not limited to copyright laws). In particular, an Affiliate is prohibited from:
- advertising the website directly on any form of traffic exchange/PTC website;
- placing the URL link(s) and/or widget(s) referring to this website anywhere that may: (i) contain any types of content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials; (ii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (iii) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate’s referral fee from another website;
- offering any incentive for a visitor to click on the URL link(s) and/or widget(s) referring to this website, including gifts/points/cash;
- asking/begging people to click on the URL link(s) and/or widget(s) referring to this website simply to generate Affiliate’s referral fee;
- creating 'redirect loops' to generate Affiliate’s referral fee;
- spamming with the URL link(s) and/or widget(s) referring to this website anywhere, including forums/chat/comments/blogs;
- participating in click 'rings' where an Affiliate clicks on others URL link(s) and/or widget(s) in return for others to click on the Affiliate’s URL link(s) and/or widget(s) referring to this website;
- clicking on the URL link(s) and/or widget(s) referring to this website on his/her own (An Affiliate may click on his/her own URL link(s) and/or widget(s) referring to this website one time to test it).
- All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on Affiliate’s involvement in the Program and shall be the responsibility of, and payable by an Affiliate.
Moment of Concluding of the Agreement
- Registration may be made by accessing the website, filling a Register Form and clicking on “Sign Up”.
- Once the registration in the website is made the Provider will send a User an email. A User needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message, or copy and paste it into a browser address bar. A User can terminate the agreement for providing access to the website, effective forthwith, at any time and without stating any reasons by deleting his/her account. To that aim, the User needs to submit a relevant declaration of intent through the following e-mail address: support@FilesTube.to or support@FilesTube.com (as applicable).
- A User may stop using the website at any time.
- According to Article 10 sec. 3 par. 5 of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271 as amended) the User, who concluded an agreement for providing access to the website, has no right to withdraw from this agreement but has the right to terminate the agreement for providing access to the website at any time.
- A User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
- A complaint can be lodged through the following Contact Form or by way of a traditional letter send to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 71-064, Poland. A complaint should include, in particular, an issue constituting the basis for a complaint and User identification information (name, email, and in case of a traditional letter also a correspondence address).
- The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
- Within 14 calendar days of receiving User’s complaint in proper form the Provider will:
- complete its internal investigation and advise User of its decision; or
- inform a User that it needs more time to complete the investigation.
- If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by email User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User’s response.
- A complaint should be submitted within 30 calendar days as of the moment when the reasons for the complaint have become apparent.
- If a User is not satisfied with Provider’s decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
- A reply to a complaint shall be sent to an email address or a correspondence address indicated by User submitting a complaint.
- If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.
- The website and all rights related to the website are the exclusive property of the Provider or third parties. All creative elements and in particular films and series accessible through this website are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the websites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
- A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
- to comply with any change or anticipated change in any relevant law or code of practice;
- to reflect any decision of a court, ombudsman or regulator;
- to reflect a change in our systems or procedures, including for security reasons;
- as a result of changed circumstances (including by adding benefits or new features to the website);
- to respond proportionately to changes in the cost of providing services offered via the website; or
- to make them clearer.
- If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
- If a change is required in the Provider’s view to restore or maintain the security of the website, the change may be made immediately and without prior notice to Users.